George Demian v Willoughby City Council

[2017] NSWLEC 1291

Land and Environment Court

New South Wales

Medium Neutral Citation:	George Demian v Willoughby City Council [2017] NSWLEC 1291
Hearing dates:	Conciliation conference on 9 May, 1 & 7 June 2017
Date of orders:	07 June 2017
Decision date:	07 June 2017
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See (4) below
Catchwords:	APPEAL – application to modify development consent - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	George Demian (Applicant) Willoughby City Council (Respondent)
Representation:	Solicitors: A Whealy, Mills Oakley (Applicant) T Messenger, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/374202
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

2. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted to leave to amend its application to rely on the following plans:

Type	Plan No.	Revision/ Issue No.	Plan Date (as Amended)		Prepared by
Architectural	11209-01,	I	02/06/17	David Scobie Architects Pty Ltd
	11209-02
	11209-03
	11209-04
	11209-05

2. The Appeal is upheld.

3. Modification Application No. DA2014/78/C to modify Development Consent No. DA2014/78 for the purposes of construction of a rear timber deck, and a fence and services cupboard at 20 Weemala Road, Northbridge is determined by approving the modifications as set out in Annexure A.

4. As a consequence of Order 3 above, Development Consent No. DA2014/78 is now subject to the consolidated, modified conditions of development consent set out in Annexure B.

……………………….

Joanne Gray

Commissioner of the Court

374202.16 Gray (C) Annexure A (114 KB, pdf)

374202.16 Gray (C) Annexure B (320 KB, pdf)

374202.16 Gray - SET AGREEMENT 01 JUNIO 2017 (1.03 MB, pdf)